shep is next, folks and i think greg could be here for shep. take care. yesterday at this time we told you about the interview of shep's was scheduled to air today but after fox got a 1 10 percent confirmation it was on, the iranian president staff called it off last night. we were told "the president has some bilateral problems he has to deal with," and the hotel the iranians were staying in was "in chaos." they said two delegations were fighting and screaming at each. woe are not sure of the details as we cannot confirm that story. ship planned department -- shep had long planned to take this day off and now, this morning,

fox received yet another telephone call, the iranians changed their mind yet again and they wanted the interview to go forward but shepard was no longer available but eric sat town with president ahmadinejad and joins us on the set with a look at part of that interview. you asked some tough questions and in return ahmadinejad said you are backed by the defense department. >> that is what he accused me of being. i said i am a journalist and asking questions and not giving statements and it was very spirited interview. we started off talking about the fact that he sent a letter to president obama asking if he received a response and he said he has not and we discussed the comments about lend he gave at the u.n. yesterday. and our reaction to that. >> you wished americans well. but you have insulted millions and millions of americans by claiming that the u.s.

government had a hand in 9/11. frankly, sir, how could you say such an insane and nutty thing? when you address your own president the same way? would they ever allow you to? >> in terms of that remark, those remarks? >> you did not probably read the full remark. >> what evidence do you have that the up is responsible for 9/11? >> you are not allowing me to respond. and you insult me, as well. >> do you believe the government had a hand in 9/11? >> i did not say, give an opinion of my own, i actually suggested that a fact finding group and mission be formed to look into the truth. >> do you want to pursue a nuclear bomb? >> i have said on numerous occasions that we do not want an

atomic bomb. >> why should we believe you, you are violating four u.n. resolutions, you kicked out u.n. inspectors, why should the world believe anything you say on this subject? >> we do not insist you should believe us. we have never said that you should. you are free not to believe us. but why would you insist on imposing your view on us? with resolutions? with force? >> if i can ask another question, will you release the two american hikers? you and announce it at this moment in front of this camera that you will release the two american hikers still being held. could you tell me, like, for example, 2.35 million american prisoners would suddenly be released tomorrow? >> you are saying you have to go through the judicial system? >> yes.

>> would you meet with netanyahu? >> why should i meet with him? >> i am asking you if would. >> are you ordering me to? >> what would you say to him? >> why should i meet with him? no, i will not meet with him. of course, my message is that they should return to their own home, they should stop killing people, and stop waging war. >> i asked him if iran will stop supporting terrorism. he denied it. >> it was at times confrontational interview. >> i don't think he is used to having a tremendous number of sharp questions thrown at him. but there was a limited amount of time and he is a former professor who can fillibuster, as he has done in other interviews i have seen and talk and talk and talk and have you to get to the points you want to get across and challenge him as much as you can because it is an

interview. >> there is no free press in iran so he is not accustomed to this. >> maybe not from the american colleagues because my colleagues but you have to challenge him and get the issues out. >> talk to us about the denying that the nuclear program is for anything other unanimous for medical and electricity purposes? >> he has repeatedly said there and he said it again that iran is not interested if a nuclear bomb, as you saw. i raised the issue because of the sanctions. why should the world believe him? he says, and has said, that nuclear bomb would be a crime against humanity and he also said he is open to negotiations but it has to be at the right tone, and apparently, that is not the tone we have now because our diplomatic sources have said when iranian diplomats meet with diplomats at the security couple sill countries there was a meeting with the foreign secretary of britain this week that the iranishs -- iranians

and our allies did not have a meeting of the mine. >> he says he will meet with the five permanent member of the u.n. security council and germany. in the past that has not accomplished much. what do you know of the letter he sent to president obama? >> he said he sent a letter and has not received a response. that has to do with what he said are terrorists infiltrating iran from pakistan and afghanistan. and he says that he is waiting for an answer but this is the first time we have heard about this letter. >> iran is supported with arms and money and the insurgency against u.s. forces in iraq but tehran has a distinguished history of supporting terrorism and terrorist groups including hamas and hezbollah. you asked about that. >> he accuses the u.s. of being the occupier in iraq and in afghanistan and he said that

iraq and afghanistan have not ended terrorism in the world so he puts it back on the west. >> he denies being a supporter of terrorism? >> basically, yes. >> nice interview. >> the iranian president is staying in new york city. and the american hiker just released from prison in tehran wants to meet face-to-face with him and said she never saw a high ranking official during her time in prison and spoke this morning. she said she is putting everything she has into getting her fiance and their friend released. >> we were innocent victims of an unfortunate situation. and my fiance and friend are still suffering. >> soldiers arrested the three along the border between northern iraq and iran and here is show she described that day. >> we asked where a good trail was and we followed the trail the next morning for about three

hours and it was a well made trail with, we did not see another human being hiking or any human beings around. or any indication that we were near the border. there was no flag or fence or any indication, no signs, when we stumbled on some soldiers. >> were they there along the trail? sitting there? was there an outpost? >> nothing. no. we didn't see anything. we just saw soldiers in the distance. >> iran released her on a $500,000 bail after reports that she was ill. weather alert: parts of the midwest a mess with flash flooding putting entire towns underwater and forcing authorities to evacuate hundreds of homes. look at this, minnesota, south of minneapolis. the floodwaters are nearly

touching the rooftops. in south dakota the flooding forcing a many to evacuate by use of a small boat. in wisconsin, we evacuated 400 homes. and 3' floodwaters surged through the city. the flood threat for several states far from over? >> yes, the water has to go somewhere. it has been a wet summer. in general across there area. a lot of areas have had much rain and then with this rain unlawful in minnesota and wisconsin and you can get significant flooding. look at this, this is the radar estimate for rainfall: where you ease the red it is 6" to 10" and south of minneapolis line but many areas are seeing 5". significant rain. the worst of the rain is gone from the area, a little bit more today and we are going to get cleared. the southeast and mid-atlantic,

get ready for significant rain. we have drought going on. that will be beneficial when it moves on later in the weekend and monday and tuesday. >>reporter: there is a tropical storm brewing in the caribbean. is it headed to the u.s.? >> very interesting. the storms we have been dealing with are away from the eastern seaboard and now you see the storms and they develop into the caribbean when you get to late september and october and this here is the stock market making landfall right there toward honduras and nicaragua. very uncertain down the road with this. probable dealing with this for quite a while and maybe having effects across the seaboard on the east coast. >> a manhunt underway in florida for four robbery suspects who cops say used an explosive device to hold up a bank. the latest ahead. stay tuned.

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>>reporter: a bizarre bank robbery shutting down a highway and putting schools on lockdown. the suspects are still loose.

the three people kidnapped a bank teller and strapped him into explosives and used him to steal cash from a bank of america near miami. cops say the teller got out but the suspects got away. this happened in south florida near the university of miami campus, and live from that location, phil, the employee says that all of there started when he woke up with guns in his face? >> shortly after midnight, the employee is the guy that has the key to open the bank and you see him leaving at 12:00 noon with no shirt because he lad the explosive device or what is said to be one strapped to his body but the three suspects kept him a loss tag all might and at 8:00 they went to the bank and sent the guy in alone, otherwise, he would blow, be blown up. >> they stayed outside and demanded, said they had a

triggering device and they wanted him to get as much money to bring out to them. >> according to the f.b.i. and police they went into the bank, the vault, him and the branch manager got out an undisclosed amount of cash and delivered it and sent him back inside and the three suspects left and that is why over the next couple of hours people thought there were hostages in the bang but it was just the employee who was perhaps the victim. >> phil, the f.b.i. agents have any good leads? >> the f.b.i. says this is certainly an unusual method of operation as far as a bank robbery. they say they do have some good leads. all three men according to the file were wearing masks so their visual descriptions are not great but they drove away in the employee's vehicle, a late model redford mustang. so at this point, the investigation continues and the three suspects have an undetermined amentd of -- amount of cash. >> a home invasion trial

continuing today with more gruesome details than before. expert and the fire marshal take the witness stand as prosecutors lay out the case against these two men accused of crimes so horrible we cannot report all of the details. but prosecutors say they broke into a family's home and raped and strangle the mother and raped at 11-year-old girl and set the fire that killed the girl and her sister and the husband managed to escape. and now, the news from outside the courthouse. tell us about the evidence presented today. >> these experts that took the stand, two of them, were able to draw that line and connect the dots so to speak of the d.n.a. of the suspects to the victims. they are backing up the prosecution's case that the two suspects did, in fact, sexually assault two of the victims before they died. that is what the evidence shows. the expert examined blood, semen

found on the clothing of joshua komisarjevsky and hayes and all of the victims with many matches. there was specific testimony that linked hayes to the rape of the mother and evidence that linked joshua komisarjevsky to the assault of the 11-year-old. the 17-year-old was not raped and that is according to the experts. jurors heard that. >> as the fire marshal on the witness stand as i understand, right now, any idea what he is say willing? >>reporter: he is telling jurors how they investigate fires. this was a spectacular blaze that ended the home invasion robbery that took place here in the area in 2007. they investigate the fires and how they are able to track a fire from the areas of least damage to the most damage, and reading a fire in reverse to determine cause. prosecutors led the two suspects, allege they poured

gasoline on the mothers and daughters before setting the house on fire, as they fled the scene, and he is explaining how that investigation works. >> thank you from new haven, thank you. a major wireless carrier is making a unique legal claim. why t-mobile wants a federal judge to give it the right to pick and choose which text messages it can deliver on their network. can they do that? stay tuned.

>> text messages leading authorities in texas to understand if a bank teller helped to orchestrate a robbery from inside after stealing $200,000 from texas trust credit

union. the f.b.i. now reports that they searched the phone of a bank teller after surveillance video showed he sent text messages before the crime. whether they found were the following messages between the teller and the robbery suspect. a bank teller sends "don't forget your sunglasses," and the suspect responded "all right." and later the teller sends mom just got home, agents say he was references an off-duty police officer arriving for work at the bank. the suspect asked, "turn around," and the teller responds "no hurry." that brings us to this story, wireless, can a wireless provider pick and choose what text messages are appropriate for the network? lawyers for t mobile think so. and it is asking a federal judge to reject a lawsuit from text marketing firm that claims the provider violated federal law

after it blocked text messages for a medical marijuana website. t-mobile claims their decision to block the service has nothing to do with marijuana but claims the marketing firm violated contract guidelines. joining me like from new york is fox news legal analyst and from houston, former prosecutor. nicole, if wired or common carriers as they are known, are required by law to carry all communications and they cannot ban content they do not support should the same legal standard apply to wireless carriers? to do otherwise would invite sensorship, wouldn't it? >> i agree, absolutely. the only way they can determine if they think the messages are offensive is to look into the private cfgs of the people texting the message so i don't think they have a right to prohibit certain text messages from being sent by their customers.

>> we would never think of censoring telephone communications. that would be a first amendment violation. it is curious that the customer t-mobile chess not to carry, it happened to be a medical marijuana company, does that raise a red flag that perhaps they were making a judgment here based on politics and content which is arguably a first amendment violation. >> you have first amendment right to post and say what you want as disgusting or horrible but they have no first amendment right or obligation to disseminate what you think if, and this is the key, if you don't go along with the procedure that the company set up for approval. >> but they have a federal license to operate and they are censoring companies they don't like. >> the medical marijuana company never applied for the approval for a contract so they do not follow-through on what should be done and from a consumer

perspective, look, if you are not happy with t-mobile go to another company. you cannot do that with the telephone or u.s. mail, for example. >> t-mobile is saying they can preapprove customers and here is the quote "to protect the carrier and its customers from potentially illegal, fraudulent, or offensive marketing campaigns conducted on its network." that sounds legitimate. >> well it could be to a point. it's possible for a company to require a customer to go through steps in order to begin a campaign. what is not something that is acceptable is to tell the customer what they can say in the text message. and that is two different things. >> does the carrier have a right to stop texting? hate messages? or adult material that is except to children.

>> let me pop in. of course they do have the right to do that and think if we look back at the other cases that have come up in the last couple of years, the facebook cases and craigslist, if the companies were pro-active and done what t-mobile is doing maybe there would not be so much blood on their company's hands. >> you can protect unwanted messages, right? >> well, i don't know about what the technology is and i agree that you have to protect your customers against things like a virus that can be sent in that fashion or criminal conduct which is committed by texti like, for example, pornographic images. now, that's different from saying "i don't like the word you are using to convey the message," if the message is not criminal. >> they said you have to follow the approval, so you have to follow as everyone does wave

company you are. >> i am not sure are able and should require preapproval. that's another issue. >> thank you, you will stick around because we have another subject, and lindsay lohan ahead. he denied the holocaust and questioned whether 9/11 was an inside job. you heard iranian president mahmoud ahmadinejad remarks and now we will hear what the people in his country think. stay tuned. [ male announcer ] this rock has never stood still. since our beginning, we've been there for clients through good times and bad,

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>> and now time for top of the news. iranian president mahmoud ahmadinejad standing behind his suggestion that elements of the u.s. government may have been behind the attack of 9/11 and denies that iran is seeking to build a nuclear weapon. and in an interview today with our own reporter, president ahmadinejad said the united states could learn a thing or two about democracy from iran. take a listen. >> i would be the first person would wants democracy in my country. i am the result of a democracy the way i see it. the highest level of democracy in history. the best democracy. and i have received over 2 1/2 times more vote than american presidents have. >> keep in mind iranian police

arrested hundreds if not thousands of protesters at pro democracy rallies last year, and this is video of a demonstration as far as claims that he got more than 2 1/2 times the votes of any u.s. president, well, we looked at the facts and president obama got 70 million votes in 2008 and the entire population of iran is 75 million. with us now is a journalist specializing in iran and iranian american affairs. ahmadinejad's 9/11 claim that it was an inside job by the american government, that is so beyond ludicrous it's offensive and insulting to the memory of the innocent people who were murdered that terrible day. is he simply using the u.n. as a pop green -- propaganda platform to spout lies and does he gain anything?

>> it depends. the people of iran have varying opinions on this. the average person, most the people i talk to, take his trip to the u.n. at face value and that means he is going around making the interviews and the media is following him, and he has a group of 200 people that the iranian people are paying for and they dismiss this as nothing out of the ordinary. but the political savvy are worried, they cannot dismiss him as an insane dictator because his actions are going to have far worse repercussions and iranian people are afraid he is further isolating them from the international community, creating more were miles for them and at the worst, possibly bringing them closer to a terrorist strike or regional war. >> this is a guy who denies the hole holocaust ever happened and said in the speech "israel must

be wiped off the map," which is clearly a call for genocide instead of expelling iran from the u.n. that body continues to give him a prominent voice in a way they have no shame. >> and he is effectively using the voice they have give be him. they allowed him to come to the international stage and take the attention to smoothly off of the human rights violations, off of his nuclear agenda and now we are talking about 9/11 being inside job? the holocaust not happening? so he is master full take the attention off of him and he is now making the accusations and asking the questions. >> which, clearly, is his plan all language, to deflect and divert. president obama, when he spoke before the body several hours earlier, said that the door remains open to difficult blows

-- diplomacy if iran chooses. is it pointless to hole out the olive branch to what is essentially an irrational leader? >> the door can stay open but no one will walk through it. we have seen no evidence of any cooperation from the iranian regime. they continue to get more hard-line and more hard-line each year and when he comes out, we see antics more and more severe. but at the same time we have to understand when the military option is on the table and we see we are, we have left that open as an option we still have to extend that hand. we have to do everything possible to connect with the people of iran to leave that option open. >> i want to throw a clip of ahmadinejad and we will get your reaction on the other side. do you want to pursue a nuclear

bomb? i have said on numerous occasions we do not want atomic bomb. >> why should we believe you? you are violating four u.n. resolutions, you kicked out u.n. inspectors, why should the world believe anything you say on this subject? we do not insist you should believe us. we have never said that you should. you are free not to believe us. but, why would you insist on imposing your view on us? with resolution? with force? what do you make of that? is it clear to you based on what you know of what is going on, that they are attempting to create nuclear weapons? >> well it is obvious. the fact that he is sidestepping the question and he is incredibly rude. we are giving him this media time and he is brought on to the

international stage to explain himself. but instead he is insensitive to people who suffered deaths on 9/11 and he is not answering the nuclear question about having a bomb so it is obvious he is not answering the question, i think we know what the answer is. >> fascinating to talk to you. thank you very much. the united states trained pakistani scientist accused of being a member of al qaeda is going to jail for trying to kill members. why is our ally, the prime minister of pakistan, vowing to fight her release? ♪ [ upbeat instrumental ]

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afghanistan in 2008. weapon they -- they found her carrying notes references u.s. land marks and yelled "death to members." and now the news live from the pentagon. general federal, the pakistanis do not believe the story about the woman and they want her released? >> they don't believe it. the prime minister is calling her a daughter of the nation and said he will not stop until she is released from the u.s. prison. in fact, there were rioters outside the u.s. consulate throwing stones and burning pictures of president obama and they also tried to storm the u.s. embassy in the capital and profits in other pakistani city. >> what does the f.b.i. say? >> they say, and they made this case, that she was caught in afghanistan red handed with a

poison and targets inside new york city and they say she grabbed the gun from those trying to arrest her and she pointed it and shot the weapon at her, at those trying to arrest her. however, the whistleblower group released a declassified, or at the time it was classified, military report saying she did not fire the gun so there is confusion on that. but the courts upheld and have sentenced her to 86 years in a u.s. prison. >> thank you from the pentagon, jennifer. >> if you have not noticed, kick the bums out men talts is contie mentalities is the hallmark of this voting season. we will look at interesting poll numbers with chris wallace next.

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>> fox news is america's election headquarters. with 39 days until the midterm election polls suggest that folks are about as fed up with the democrats as they are with republicans and according to the associated press, a poll shows 60 percent surveyed disapprove of the job performance of congressional democrats; 68 percent say the same thing about the g.o.p. how does this translate in november? we will have a conversation about that with fox news anchor. one wonders how republicans can recapture the house if not the senate if they are more up popular than the democrats. >>reporter: well, the key to that, that doesn't get to the issue of the enthusiasm gap which is the fact that few people, 25 or 30 percent will vote in a midterm election opposed to a presidential

election so the key becomes, can you get more of your base out than the other side gets of its base. and all the polls indicate there is a huge enthusiasm gap, 2-1,republics more energized, more affirmative they will vote in november than democrats who are some what disspirited. a lot of what the president has been doing is to try to energize the democratic base but republicans upset about the democratic majority, upset of the direction president obama is likely to take the country are more likely to vote so as you see, overall the poll numbers are slightly more negative for the gone republics look like they will win. >> you have to look at the likely voters and the congressional districts. one survey found among likely voters they refer republicans in

their district, 50 percent compared to 43 percent, and if you factor the independent, the g.o.p. have a 13-point advantage among likely voters. that is the difference so far. and a new york post story today that there are some described as liberal media outlets preparing stories that will be critical and smearing house republican leader boehner who is not terribly well-known among most americans. how does that cut? is that something that could backfire? >>reporter: i don't necessarily, i enjoy reading page 6 of the "new york post," but i don't take my cue from them on reporting. we will see. if something comes out, and it is legitimate and credible, it will obviously, it would hurt. if something comes out, "new

york times" did the job on john mccain during the middle of the presidential campaign alleging he had an affair with a lobbyist and they had no proof whatever, no backing, and the story went away. so it depends if it seems to be true and have evidence or it doesn't. my feeling is those stories are i would rather be last than first to the story. >> and rahm emanuel could be leaving soon to run for mayor of chicago. what, if anything could that mean for the white house? chris: it depends on who replaces himent. if it is just another member, it will not mean a lot. rahm emanuel has been successful in getting the president's agenda through and has been unsuccessful in selling it to the american people if that is helping or will help. but going forward a big question is going to be, will we have a

1995-style bill clinton reinvention of president obama? if republicans take control of one or both houses, will this president, like that president, change direction, move more to the center? there is no indication of that so far but if he does decide to go that way a more moderate chief of staff than rahm emanuel would be a big step in that direction and the choice will give you an early indication as to he plans to reinvents himself >> many thanks, chris wallace. this sunday chris welcomes house minority leader boehner and california congressman talking about the gop's new "pledge to america." as for the democratic response, chris will sit down with house majority leader hoyer. this weekend on fox news. on sunday.

lindsay lohan was supposed to be in and out of court today. we were told she showed up, posted bail and she might go home. that is not how it played out. she ended up leaving in handcuffs. and she could spend the next month in jail. ready to try something new? campbell's has made changes. adding lower sodium sea salt to more soups.

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>> lindsay lohan back in jail. she failed two court-ordered drug tests one for cocaine and another and showed up this afternoon to the usual media fanfare. instead of paying the bail and heading off home, the judge refused to grant her bail and sent her to jail. she could have to stay there until the next hearing which is october 22en.

but in october. here is the new mug shot, just the latest in her long history of legal problems. she spent two weeks in jail and three weeks in rehab after she broke rules of probation before. the probation put in place after she pled guilty to driving drunk. and now to the legal panel. our legal analyst former prosecutor. i have known you for many years and you were tough prosecutor but i think you were a prosecutor with a heart. are you concerned here that maybe what she doesn't need is jail time but, rather, treatment? >> i am. i have no big violins for lindsay lohan, she is obviously, very, very troubled young woman and a criminal but that being said, her lawyer, her paid gun was never allowed to open her mouth and make a defense for

bail or some kind of diswertionary -- diversionary process. the judge should not have made up his mine before the law could say we have alternatives. and the other thing, if we don't know now whether the defense and the prosecution may have gotten together and said, look, we will try a diversionary process where we put someone in rehab for 90 days and you screw up you sign a paper saying you are dispoing to jail for a longer time. >> nicole, i imagine you think she needs a case of the for reals and a way to get that is to sit hype bars. well, i agree in large part, however, what i would say is there is oftentimes a treatment program available in jail and clearly she has not been able to get the help with her addiction she needs out of jail. at some point the judge has to decide who is the fool. him?

or her? and you run out of patience. and have to go for options that involve lockdown. >> could the judge say, listen to both sides and take into consideration what they say. even the prosecution. and put her in inpatient rehab center with confinement that would cost taxpayers a lot less money and might get her the needed help. >> nicole, maybe this would not have happened today if my hometown, los angeles which i love dearly but is screwed up, she was supposed to do 90 days but because of overcrowded she did only 14 days in jail and she goes to this treatment program and snookered the doctors at the treatment center. this would not have happened if she had been properly serving the last sentence, true? >> well, you raise a good point. obviously she has been through a

treatment program outside of the jail and now the judge has to make a decision of how to make this conclude successfully if possible. the judge, you have a dilemma. you did not want to abuse someone because they are popular or people know their name. but you cannot extend them special treatment because of that. he has to treat her like everyone else. >> but you cannot punish people more because they are a celebrity. >> someone coming off the street, the judge would have listened to both sides. >> that is troubling. but he is entitled to do that and the judge is a no nonsense kind of guy. she was twittering admitting she failed the drug test. >> but that is a good thing, right? we want people to say "i accept responsibility." good to see you both. >> that's going to do it for us.

and the fox report at 7:00 eastern time and we look at the dow -- lots of green arrows and up 188 points. for the latest on why that is happening, and all of your business news, tune in to "your world," with neil cavuto after the break. what super fruit is taking america by storm? surprise! it's sunsweet ones. prunes... a super fruit? really? they're a delicious source of nutrients. wow! have you ever had a prune? it's been a little while. i've been wanting to try one. this is delicious. that's really good. it's packaged by itself... that's fantastic! that is so juicy. my kids are gonna love this. these could really catch on. i think they already have. sunsweet ones. over 375 million enjoyed, and counting.

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